IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26612 of 2011
Navin Singh, S/o Sh. Rudal Singh.
Versus
The State of Bihar
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02. 16.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 302/34 of the Indian Penal
Code.
Initially on the recovery of a dead body of an
unknown male the present case was instituted. During
investigation the father of the deceased disclosed that his
son had got married to one girl against the parent’s
wishes and they had eloped were living in Kanpur but by
deception they were brought back and it was suspected
that the petitioner was involved in killing of the deceased.
Admittedly there is no eye-witness to the occurrence and
apart from the vague suspicion there is no cogent material
against him.
Considering the aforesaid fact as also that the
petitioner has fair antecedents, let the petitioner, above
named be released on bail on furnishing bail bond of Rs.
5,000/- (Five Thousand) with two sureties of the like
amount each or any other surety as fixed by the Court to
the satisfaction of Chief Judicial Magistrate, Saran at
Chapra in connection with Sonepur P.S. Case No. 16 of
2
2010 subject to the following conditions:- (i) That one of
the bailors will be a close relative of the petitioner who will
give an affidavit giving genealogy as to how he is related
with the petitioner and the other bailor shall be local since
the petitioner belongs to Vaishali. The bailor will also
undertake to inform the Court if there is any change in
the address of the petitioner. (ii) That the affidavit shall
clearly state that the petitioner is not an accused in any
other case and if he is he shall not be released on bail. (iii)
That the bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is implicated
in any other case of similar nature after his release in the
present case and thereafter the court below will be at
liberty to initiate the proceeding for cancellation of bail on
the ground of misuse. (iv) That the petitioner will give an
undertaking that he will receive the police papers on the
given date and be present on date fixed for charge and if
he fails to do so on two given dates and delays the trial in
any manner, his bail will be liable to be cancelled for
reasons of misuse. (v) That the petitioner will be well
represented on each date and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
Vikash/- (Anjana Prakash, J.)